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Madras High CourtWP(MD)/9285/2015disposed of

Mr. Sakthivel, v. The State Of Tamil Nadu,

2019-03-26Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9285 of 2015 and M.P(MD)No.1 of 2015 Sathivel ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary to Government, Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The District Elementary Educational Officer, Ramnad, Ramnad District.

4.The Assistant Elementary Educational Officer, Bogalur at Chatrakudi, 5.The Correspondent, Idartheethamman Elementary School, Theeyanur, Ramnad District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents 1 to 4 to pass orders on the representation, dated 17.12.2014 and to direct the respondents 1 to 4 to pay salary for the period from 02.03.1998 to 01.06.2003 to the petitioner and to pay the other benefits namely Selection Grade etc. For Petitioner :

Mr.A.S.Mujibur Rahman For RR 1 to 4 :

Mrs.S.Srimathy, Special Government Pleader.

ORDER

This writ petition has been filed seeking a direction to the respondents 1 to 4 to pay salary for the period from 02.03.1998 to 01.06.2003 to the petitioner and other benefits namely Selection Grade etc.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4.

3.The case of the petitioner is that he was appointed as Secondary Grade Teacher in the fifth respondent School on 02.03.1998. As per G.O.Ms.No.155, dated 03.10.2002, though the petitioner was appointed prior to 19.05.1998, his appointment was approved by the third respondent with effect from 02.06.2003 ie., after completing the training in Child Psycology. Seeking salary for the period from 02.03.1998 to 01.06.2003 and other benefits, the petitioner sent a representation to the respondents on 29.03.2015. Since the same has not been considered by the respondents so far, the petitioner has filed the present Writ Petition. 4.The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the representation of the petitioner would be considered on merits.

5.In such view of the matter, this Court, without going into the merits of the petitioner's claim, directs the respondents 1 to 4 to consider the representation of the petitioner, dated 29.03.2015 seeking to pay the salary for the period from 02.03.1998 to 01.06.2003 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs. consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Crl.side) / True Copy / Sub Assistant Registrar(CS) ps To 1.The Secretary to Government, Education Department, Fort St. George, Chennai - 600 009.

2.The Director of School Education, College Road, Chennai - 600 006.

3.The District Elementary Educational Officer, Ramnad, Ramnad District.

4.The Assistant Elementary Educational Officer, Bogalur at Chatrakudi,

5.The Correspondent, Idartheethamman Elementary School, Theeyanur, +1 CC to M/s.SPL GP ( SR-57212[F] dated 27/03/2019 ) +1CC to M/s.A.S.MUJIBUR RAHMAN,Advocate(SR-56883[F]dated 27/03/2019) W.P(MD)No.9285 of 2015 26.03.2019 ES/13.05.2019/3P/8C